Showing posts with label law suits. Show all posts
Showing posts with label law suits. Show all posts

Thursday, March 7, 2013

Another Mohel Botches a Bris


Whenever a botched circumcision case makes the news, and people start talking about it, either in the commentary section (when news outlets are actually brave enough to allow them), or parenting forums, or on Facebook, there is always somebody who says something along the lines of:

"This wouldn't have happened if it were performed by a mohel. Mohels are jacks of their trade who do circumcisions for a living."

Actually, mohels are often put on pedestals in more ways than one.

A Jewish bris performed by a mohel is better than a hospital circumcision performed by a doctor for a myriad of reasons. Here are some that I've heard:
  • Mohels are more experienced, so your son is sure not to suffer a botched job
  • Mohels take less time than doctors(some claim less than 10 seconds), shortening the painful procedure
  • Mohels don't use pain medication (this is supposed to be a good thing, in spite of the facts)
  • Mohels do their work outside of the hospital, in a religious setting, giving "meaning" to circumcision, making it more "holistic" ("holistic" taking on an entirely different meaning here)
There are other reasons, but these seem to be the main ones.

Now, there have been quite a few documented cases of mohels botching a bris, and being taken to court for it. (For example, here and here.)

But whenever I bring these up, strings and straws are grasped for, here and there, and Jewish circumcision advocates begin to list off alibis of why these are "special cases," and why mohels continue to be the best circumcision performers.

Among these are:
  • The child had a pre-existing condition; not the mohel's fault (when a child is found later on to be a hemophiliac, have a heart condition and other ailments)
  • The child had a particularly strange-shaped penis to work with; the case is an exception
  • The botch was a result of clamp malfunction; mohel is not at fault
  • The botch was performed by an inexperienced mohel; not a representative case
It's interesting to hear Jewish advocates of circumcision clarify that the bris has to be performed by a "trained and qualified mohel."

Thus, the reasons why Jewish circumcision performed by a mohel in a bris milah ritual are an ever moving target, and Jewish circumcision and its officiators remain sacrosanct.

Parents Usually Not Forthcoming
One of the reasons why very few botched circumcision jobs make the news is because parents, both Jewish and non-Jewish alike, are complicit in keeping the botched circumcision job and its perpetrator secret.

What parent wants to admit that their child has been permanently disfigured because they decided to agree to a medically unnecessary procedure?

In the case of Jewish parents, who wants to admit that what is perhaps the most precious of Jewish mitzvot is the cause of their child's disfigurement, and in worse cases, death?

As an example, when investigators were querying the Jewish families whose babies were infected with herpes, they would not name names. People in these communities were also unwilling to help find the perpetrator. The preservation of a cherished tradition that people have emotional attachment to is more important.

Circumcisors, Jewish and non-Jewish have reputations to protect. Gentile parents have peace of mind to preserve. Jewish parents have the added burden of protecting their own, and not giving away a holy man who performs the sacred ritual of bris milah. Thus, silence is perpetuated, and parents are complicit in keeping this silence.

That is, until now.

Circumcision Lawsuits
Recent years have seen a series of lawsuits against circumcisors, mohels and doctors, sometimes people who are both, for circumcision mishaps, which indicates that there are parents who are deciding to no longer keep silent about what has happened to their sons.

In a very recent case, a judge approved a $4.6 million settlement on a behalf of a boy who lost the head of his penis in a botched circumcision attempt. The doctor who performed the circumcision used a Mogen clamp, a device notorious for glans amputations, even when used by professionals. So notorious is the Mogen clamp for glans amputations that the company that makes this device went out of business, because it couldn't afford the $11 million dollar lawsuit filed against it, after a mohel severed the end of another baby's glans using one of their clamps

The peculiar thing about Mogen is that up until the very end, they claimed that injury was impossible with the use of their clamp, "when used properly," even after other glans amputations were reported. The injury behind a prior lawsuit at Fulton County Superior Court had already put Mogen on notice about the danger of the device. In a different case, at South Fulton Medical Center, another law suit was won in 2009. In that case, a child lost a third of his glans, and the plaintiffs were awarded 2.3 million dollars.

And, just this month, another mohel was taken to court by parents in Queens. The rabbi told the parents he did an "acceptable job" that was "performed appropriately" and "within the standard of care and skill required of Jewish mohelim and circumcisers." He also allegedly told the parents that calling a doctor wasn't necessary, even though it was obvious that something had gone wrong with the bris. The parents claim that the delay in medical treatment resulted in greater permanent damage to his son, resulting in the necessity for corrective surgery with general anesthesia; the boy may need more operations in the future.

Of course there will be those who claim that this would never happen if the circumcision were "properly performed."

To which I would retort that female circumcision does not result in complications "when properly performed" by the right shaman priestess either.

The self-serving, ad hoc special pleading is astounding.

Interesting note; Jewish groups are challenging a New York law that says mohels have to warn parents of the risks, and have them sign a consent form before proceeding. Does this mean that Jewish parents AREN'T being told of the risk of glans ablations, herpes infections and death?

Hopefully more parents, Jewish and non-Jewish, will find the courage to bring the botched circumcisions of their sons to light.

Related Posts:
Circumcision Botches and the Elephant in the Room 

The Ghost of Mogen 

Mohels Spreading Herpes: New York Looks the Other Way 

New York: Oral Mohel Tests Positive for Herpes 

Circumcision Indicted in Yet Another Death: Rabbis and Mohels are "Upset"

Herpes Circumcision Babies: Another One? Geez!

 Rabbis Delay NYC's Metzitzah B'Peh Regulations - Meanwhile, in Israel...

Monday, July 25, 2011

The Ghost of Mogen

Advocates of circumcision always minimize circumcision to "just a little snip with little to no risks." They always say "there are no risks, and if there are, they're worth it." When you present them examples of circumcisions gone wrong, they will always say "Oh, well that's just a once in a million case. Circumcision mishaps don't ever happen when a professional does it." Well, in this blog post I'm going to talk about a very real risk that circumcision advocates may not tell you about. The following circumcision mishap is one that is so common that there have already been numerous court cases; glans amputation.

In a very recent case, a judge approved a $4.6 million settlement on a behalf of a boy who lost the head of his penis in a botched circumcision attempt. The doctor who performed the circumcision used a Mogen clamp, a device notorious for glans amputations, even when used by professionals. So notorious is the Mogen clamp for glans amputations that the company that makes this device went out of business last year, because it couldn't afford the $11 million dollar lawsuit filed against it, after a mohel severed the end of another baby's glans using one of their clamps. A year after Mogen goes out of business, we are still hearing of the damage their clamp is causing.

The peculiar thing about Mogen is that until the very end, they claimed that injury was impossible with the use of their clamp, even after other glans amputations were reported. The injury behind a prior lawsuit at Fulton County Superior Court had already put Mogen on notice about the danger of the device. In a different case, at South Fulton Medical Center, another law suit was won in 2009. In that case, a child lost a third of his glans, and the plaintiffs were awarded 2.3 million dollars.

I'm afraid that this may not be the last we hear of Mogen glans amputations yet. Despite going out of business in America, and despite its notoriety for glans amputations, Mogen clamps are being used in a pilot project to have male children circumcised at birth under the pretext of HIV prevention in Kenya. They are currently being used in Rwanda to circumcise newborns under the pretext of "HIV prevention." In light of the fact that newborn children aren't at risk for sexually transmitted HIV, and in light of the fact that there are already better, more effective, less invasive modes of prevention, how is taking this risk conscionable?

Until the next apparition of  Mogen's ghost... *sigh*

UPDATE (added 7/28/2011):
It utterly infuriates me that the WHO has been effectively pissing in our mouths and calling it rain... "Circumcision would only be offered to consenting adults," they promised. Well why in the hell have they approved circumcision devices for infant male circumcision? Given what I presnt above, why have they approved MOGEN of all torture devices? What in the world are these people THINKING??? GEEZ. Pisses me off.